ZARZĄDZENIE WYKONANIA ZAWIESZONEJ KARY POZBAWIENIA WOLNOŚCI NA PODSTAWIE ART. 75 § 1A KK
ORDER OF THE ENFORCEMENT OF A SUSPENDED PUNISHMENT OF IMPRISONMENT UPON THE BASIS OF ARTICLE 75 § 1A OF THE PENAL CODE

Summary/Abstract: This treatise has been devoted to the normative provision introduced into the Penal Code on 1st August, 2010, which is to be found in Article 75 of the Penal Code, to which § 1a was added, ipso facto introducing the second obligatory basis for the order of the punishment of imprisonment, besides the one thus-far determined in § 1 of the above-mentioned Article. Introducing the provision in Article 75 § 1a of the Penal Code, the legislator wished to obligate the court of law to order the enforcement of the punishment of imprisonment in the case of individuals convicted for a crime with the use of violence or an illegal threat and sentenced to the punishment of imprisonment with the conditional suspension of the enforcement of it, who, during the period of probation, will perpetrate the acts of violence or use a threat one more time in relation to their next-of-kin or another juvenile individual. The purpose of this provision is that the protection of the victims of violence in the family of a convict be intensified, making it possible to order the enforcement yet prior to issuing an order of the enforcement of punishment in connection with a new crime committed in the course of the period of probation. What has been pointed out in the treatise, is the circle of individuals in relation to which violence or a threat are to be perpetrated, so as to make it possible to apply Article 75 § 1a of the Penal Code in practice, and that means the next-of-kin or another juvenile individual sharing their place of residence with the perpetrator. The authoress discusses the problem of it being impossible to apply the above-mentioned provision in relation to the perpetrators of crimes who, for whatever reasons, do not share their place of residence with their next-of-kin, and perpetrate behaviours determined in Article 75 § 1a of the Penal Code.

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